Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Germany
As a general rule, all disputes relating to pecuniary claims are eligible for arbitration. Claims for non-pecuniary claims are arbitrable to the extent that they can be the subject matter of a settlement. For example, matrimonial and parenthood matters and similar matters are excluded from arbitration. In addition, residential tenancy disputes are generally non-arbitrable, as are most labour law disputes. Special legal requirements apply to actions for nullification or rescission of shareholders’ resolutions; however, these actions can, in principle, be referred to arbitration.

For more information about this answer please contact: Nicholas Kessler from Orrick
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Germany
The German Arbitration Act does not provide for a specific seat of arbitration for certain disputes.

For more information about this answer please contact: Nicholas Kessler from Orrick